A record owner conveyed 'THE N1/2 OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 67 WEST'. Which additional interests were transferred?

A record owner conveyed 'THE N1/2 OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 67 WEST'. Which additional interests were transferred?

• A. The minerals under the surface
• B. Easement of necessity
• C. The water beneath the described surface
• D. The minerals and the easement of necessity

Answer: (D)

When a deed describes land by a government survey description, it passes not only the surface but also the rights that are attached to and flow with the property. Minerals under the surface are typically considered an appurtenance that passes with the land unless explicitly reserved, so the mineral interests transfer with the described parcel. An easement of necessity can arise by operation of law when the land is divided in a way that leaves one parcel without reasonable access; that implied easement also travels with the transfer for the benefit of the conveyed land. Water beneath the surface, however, is usually a separate set of rights that may be severed from the land and may require explicit conveyance or a specific determination, so it isn’t automatically transferred just by describing the surface. Therefore, the interests that transfer with the described land are the minerals and the easement of necessity.

When a deed describes land by a government survey description, it passes not only the surface but also the rights that are attached to and flow with the property. Minerals under the surface are typically considered an appurtenance that passes with the land unless explicitly reserved, so the mineral interests transfer with the described parcel. An easement of necessity can arise by operation of law when the land is divided in a way that leaves one parcel without reasonable access; that implied easement also travels with the transfer for the benefit of the conveyed land. Water beneath the surface, however, is usually a separate set of rights that may be severed from the land and may require explicit conveyance or a specific determination, so it isn’t automatically transferred just by describing the surface.

Therefore, the interests that transfer with the described land are the minerals and the easement of necessity.